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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2015-09-23 Daily Xml
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Tobacco Products Regulation (Artistic Performances) Amendment Bill

Introduction and First Reading

The Hon. J.J. SNELLING (Playford—Minister for Health, Minister for Mental Health and Substance Abuse, Minister for the Arts, Minister for Health Industries) (15:53): Obtained leave and introduced a bill for an act to amend the Tobacco Products Regulation Act 1997. Read a first time.

Second Reading

The Hon. J.J. SNELLING (Playford—Minister for Health, Minister for Mental Health and Substance Abuse, Minister for the Arts, Minister for Health Industries) (15:53): I move:

That this bill be now read a second time.

The bill seeks to amend the Tobacco Products Regulation Act 1997 to provide the Minister for Mental Health and Substance Abuse with the power to exempt artistic performances from section 46(1) of the Tobacco Products Regulation Act 1997. Artistic performances add to the rich culture and economy of the state. Sometimes these performances include smoking; for instance, in historical pieces smoking may be used to make the performance feel more authentic. While a few performances are willing to use alternative options, sometimes producers advise that inclusion of smoking is integral to the script or an essential activity within the context of the performance. It is anticipated that as smoking continues to become further denormalised in society it will be less necessary in artistic performances. As alternative theatrical devices become more sophisticated, we expect them to be used more frequently.

Smoking in enclosed public places, workplaces and shared areas has been prohibited under section 46(1) of the Tobacco Products Regulation Act 1997 since 2004. A process was introduced to allow artistic performances to apply for an exemption from this section. Between 2008 and September 2015, a total of 53 requests for exemptions were received and, of these, 48 obtained an exemption. Conditions apply to these exemptions, including the requirement for audiences to be informed of the smoking within the performance, adequate stage and audience ventilation, and the use of only herbal rather than tobacco cigarettes.

However, the current process is administratively protracted as exemptions can only be granted by His Excellency the Governor. For applicants, this means they must apply at least three months in advance of the performance and rehearsals. For government, this is a complex process of exemption assessment and approval which is disproportionate to the risk posed.

Amendment through the passing of this bill will simplify the government's artistic performance exemption procedures by enabling the minister or delegate to grant these exemptions. This will reduce the administrative burden on cabinet and the Governor, produce more flexible and timely responses to applications and reduce the risk of disruption to artistic productions. The current process for applicants will remain unchanged. I commend the bill to members. I seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal.

Part 2—Amendment of Tobacco Products Regulation Act 1997

3—Amendment of section 71—Exemptions

This clause amends section 71 of the principal Act to allow the Minister to grant exemptions from the Act in relation to artistic performances by notice in writing.

Debate adjourned on motion of Mr Speirs.

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